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2003 (9) TMI 667

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..... s. In spite of the notice, on 24-7-2003, the respondents were not present. The appeal is being taken up for hearing in the absence of respondents. 2. Heard the learned JDR and perused the appeal papers. 3. The brief facts of the case are that the respondents are engaged in the manufacture of Glass Parts for Black and White Television Picture Tubes and they were availing the benefit of Modvat c .....

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..... reconditioning of glass panels and (c) Rs. 2,98,586/- used on inputs for polishing of glass panels. (ii) The CVD on (a) Replacement of inputs such as Barium Carbonate etc. amounting to Rs. 41,412/- (Rs. 34,906/- + 6,506/-) (b) Repairs and reconditioning of glass panels and (c) Polishing of glass panels amounting to Rs. 51,996/- is ordered to be recovered from the noticee under the provisions of .....

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..... above. 4. On appeal filed by the respondents, the Commissioner (Appeals) upheld the order in respect of demand of duty set aside the penalty imposed under Rule 173Q on the ground that the appellants had no intention to evade duty. The Revenue filed this appeal against the impugned order where the penalty was set aside. The contention of the Revenue is that the respondents availed the benefit o .....

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